Terms of use

1. Introduction

This Affiliate Agreement (the "Agreement") is made by and between ShopMania, and you, as an Affiliate utilizing the ShopMania Affiliate Program ("You", "Your", "Affiliate").

By joining the ShopMania Affiliate Program, you accept and agree to be bound by the terms of this Agreement, so please review them carefully before registering.

We are constantly making improvements to the services that we provide, therefore we reserve the right to make necessary changes to the present Agreement, without prior notice to the Affiliates.

2. Definitions

Afiliate - website owner (company or individual), that agrees to display advertising for ShopMania and its services, based on the terms and conditions set out in this agreement.

ShopMania - refers to the software platform available via the ShopMania website.

Lead - Company or individual that has registered for a paid ShopMania account introduced by an Affiliate that actively promoted the ShopMania platform.

Creative - any marketing material provided by ShopMania to the Affiliate with the purpose of promoting the ShopMania platform.

3. Registering for the Affiliate Program

By filling in and submitting the signup form, and upon acceptance, you become an Affiliate and are bound by the terms of this Agreement. As Affiliate, you agree that your participation in the program solely consists of: legally advertising the ShopMania website and services, with the purpose of receiving a commission on paid service packages acquired by the companies or individuals that you refer to ShopMania.

The Affiliates warrant that all information submitted is current, complete and accurate, as required by the registration process or in other sections of the Website and agree to maintain and update this information as needed to keep it current, complete and accurate. ShopMania reserves the right to suspend access to the Affiliate program, if it is discovered that the information submitted by Affiliates does not comply with the requirements listed above.

ShopMania reserves the right to suspend or terminate any Affiliate account at any time and without prior notice in case of breach of the terms and conditions presented in this Agreement, in case of your violation of any law or of the rights of any third party, in case of direct or indirect damage brought to ShopMania or any third party or in case of lack of performance as Affiliate.

ShopMania reserves the right to deny access to the program if the Affiliate websites represent, include or use:

Pornography, adult or mature content

Violent content

Content related to racial intolerance or advocacy against any individual, group or organisation

Any other content that is illegal, promotes illegal activity or infringes on the legal rights of others

Illegal downloads, torrents, torrent search engines

Competitors of ShopMania

Sections that are not fully functional or that are under construction or development

Content displayed without authorization from the legal owners

SEO spam techniques or unsolicited email sendouts

Content aggregators

Your Affiliate application and status in the program may be suspended or terminated for any of (but not limited to) the following reasons:

Inappropriate advertisements (false claims, misleading hyperlinks)

Illegal Spamming (mass email, mass newsgroup posting, etc...)

Advertising on sites containing/promoting illegal activities

Violation of intellectual property rights and trademarks

Confusing or misleading use of affiliate links and content

Inability to setup links or refer clients to ShopMania (lack of performance)

4. Promoting ShopMania Website and Services - Affiliate links

As Affiliate, you may use graphic and text links both on your website and in emails. You are bound to use only the graphics and text provided to you by ShopMania and to maintain the associated HTML code unaltered. After termination of your Affiliate status and relationship, you agree to remove all the promotional materials referring to ShopMania from your website and emails, otherwise your actions will be considered trademark infringement and will be punished according to the applicable law.

5. Affiliate performance tracking

When a Internet user clicks on you Affiliate link, a cookie is set in their browser containing your affiliate identification information. When this person decides to acquire a paid service package on ShopMania, the script will match their cookie to identify the Affiliate who will be awarded the commission. Visitors sent through your Affiliate link may make a purchase later in time and the commission will still be awarded, if the Visitor has created an account on ShopMania within a timeframe of 30 days since the customer has been referred to ShopMania by the Affiliate. The commission is calculated based on the value of all orders placed and paid by the referred customers.

6. Commissions

The commissions represent 20% from the value of the order without taxes and are calculated only for orders that have been placed and paid.

The Affiliate will be paid the commissions, at such time as the account balance is $50. Commissions will only be paid on the last business day of the month and only if the Affiliate submits a withdrawal request no later than the day previous to the payment date.

If the Affiliate is a company, ShopMania can pay you the commissions only based on an invoice issued by you to ShopMania. The invoice must contain the value of the commissions plus applicable taxes.

ShopMania will pay the commissions by PayPal.

ShopMania reserves the right to organize price discount campaigns or other promotional activities that may influence the prices of the service packages. In these cases, the commissions will be calculated based on the prices of the service packages that apply at the date of the purchase.

If a user referred by the Affiliate requests a refund, the commission paid initially to the Affiliate will be withdrawn from the Affiliate’s payable commissions.

If the Affiliate account and relationship is suspended or terminated due to the Affiliate breaching the terms and conditions of the present Agreement, ShopMania reserves the right to not pay the Affiliate the commissions.

7. Affiliate responsibilities and obligations

You agree to promote the ShopMania website and services and to comply with all laws as well those that govern email marketing and anti-spam laws. ShopMania reserves the right to accept or reject any customers that you refer and will pay you a commission for each referred customer that acquires a paid service package by using your affiliate code, according to the ShopMania payment schedule. It is strictly forbidden to send any unsolicited or unauthorized advertising or promotional materials. Undertaking such actions will lead to the automatic suspension of your Affiliate account. You acknowledge that you are liable and responsible for all actions that do not comply with the applicable law.

Either you or ShopMania may terminate the Affiliate Agreement and relationship at any time. You are eligible to earn and receive Affiliate payments only during your time as an approved Affiliate. ShopMania reserves the right to revoke your Affiliate status, change the program or service policies, payment schedule and operating procedures at any time, with or without cause, with immediate effect upon notice to Affiliate.

8. Legal obligations and limits of Liability

ShopMania will not be liable for indirect, special or consequential damages arising in connection with this program. The Service on which the Affiliate relationship is based is provided "as is”. ShopMania will take reasonable steps to ensure that the Services are being provided with reasonable skill, care and accuracy, but ShopMania makes no warranties of any kind regarding the ShopMania Website or Services or Affiliate program. ShopMania does not warrant that or guarantee that the operation of the ShopMania Website, Services or Affiliate program will be uninterrupted or error-free. ShopMania will not be liable for the consequences of any interruptions or errors.

ShopMania will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, and any results of "intents of harm" to the program or our website. We do not make any expressed or implied warranties with respect to the Affiliate program and/or products sold at this site.

9. Email contact

ShopMania reserves the right to send e-mail to You for the purposes of informing you of applicable changes or additions to the Service or any ShopMania related products and services.

10. Trademark information

"ShopMania" and the ShopMania logo are trademarks of SC ShopMania NET SRL. You agree not to display or use, in any manner, the ShopMania BIZ trademark or any related content without prior permission from SC ShopMania NET SRL.

11. Service availability

SC ShopMania NET SRL does not hold liability and reserves the right to modify or discontinue the Website or Services, in part or in whole, temporarily or permanently, or to launch new services or improvements, with or without prior notice.

12. Changes to the Service

ShopMania reserves the right to change, modify, add or remove terms of this Agreement at any time and may add to, change, suspend or discontinue any aspect of the Service at any time.